Legislature(2021 - 2022)DAVIS 106

05/13/2021 11:30 AM House WAYS & MEANS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a Call of the Chair --
-- Teleconference <Listen Only> --
+ Presentation: Fiscal Issues Polling Data by Kati TELECONFERENCED
Capozzi, President & CEO, Alaska Chamber
<Above Item Removed from Agenda>
+= HB 202 PERMANENT FUND DIVIDEND; ROYALTIES TELECONFERENCED
Heard & Held
+= HB 37 INCOME TAX; PERMANENT FUND; EARNINGS RES. TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON WAYS AND MEANS                                                                          
                          May 13, 2021                                                                                          
                           12:03 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ivy Spohnholz, Chair                                                                                             
Representative Adam Wool, Vice Chair                                                                                            
Representative Andy Josephson                                                                                                   
Representative Calvin Schrage                                                                                                   
Representative Andi Story                                                                                                       
Representative Mike Prax                                                                                                        
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Dan Ortiz                                                                                                        
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 202                                                                                                              
"An  Act  relating to  the  Alaska  permanent fund;  relating  to                                                               
dividends for  state residents;  relating to  the use  of certain                                                               
state income; and providing for an effective date."                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 37                                                                                                               
"An Act relating to deposits  into the dividend fund; relating to                                                               
income of  and appropriations from the  earnings reserve account;                                                               
relating  to the  taxation of  income  of individuals,  partners,                                                               
shareholders in S corporations,  trusts, and estates; relating to                                                               
a payment  against the individual  income tax from  the permanent                                                               
fund  dividend   disbursement;  repealing  tax   credits  applied                                                               
against the  tax on individuals  under the Alaska Net  Income Tax                                                               
Act; and providing for an effective date."                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 202                                                                                                                  
SHORT TITLE: PERMANENT FUND DIVIDEND; ROYALTIES                                                                                 
SPONSOR(s): REPRESENTATIVE(s) MERRICK                                                                                           
                                                                                                                                
05/05/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/05/21       (H)       W&M, FIN                                                                                               
05/07/21       (H)       FIN AT 1:30 PM ADAMS 519                                                                               
05/07/21       (H)       <Bill Hearing Canceled>                                                                                
05/11/21       (H)       W&M AT 11:30 AM DAVIS 106                                                                              
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       W&M AT 11:30 AM DAVIS 106                                                                              
                                                                                                                                
BILL: HB 37                                                                                                                   
SHORT TITLE: INCOME TAX; PERMANENT FUND; EARNINGS RES.                                                                          
SPONSOR(s): REPRESENTATIVE(s) WOOL                                                                                              
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       CRA, STA, FIN                                                                                          
04/28/21       (H)       W&M REPLACES CRA REFERRAL                                                                              
04/28/21       (H)       BILL REPRINTED                                                                                         
05/11/21       (H)       W&M AT 11:30 AM DAVIS 106                                                                              
05/11/21       (H)       -- MEETING CANCELED --                                                                                 
05/13/21       (H)       W&M AT 11:30 AM DAVIS 106                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE KELLY MERRICK                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 202, as the prime sponsor.                                                                 
                                                                                                                                
TALLY TEAL, Staff                                                                                                               
Representative Kelly Merrick                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented a sectional analysis of HB 202 on                                                              
behalf of Representative Merrick, prime sponsor.                                                                                
                                                                                                                                
PAULYN SWANSON, Communications Manager                                                                                          
Alaska Permanent Fund Corporation                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB
202.                                                                                                                            
                                                                                                                                
EMILY NAUMAN, Deputy Director                                                                                                   
Legislative Legal Services                                                                                                      
Juneau, Alaska                                                                                                                  
Legislative Affairs Agency                                                                                                      
POSITION STATEMENT:  Answered questions  during the hearing on HB
202.                                                                                                                            
                                                                                                                                
REPRESENTATIVE ADAM WOOL                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 37, as the prime sponsor.                                                                  
                                                                                                                                
KEN ALPER, Staff                                                                                                                
Representative Adam Wool                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented  a PowerPoint presentation, titled                                                             
"House  Bill  37," dated  5/13/21,  on  behalf of  Representative                                                               
Wool, prime sponsor.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
12:03:01 PM                                                                                                                   
                                                                                                                                
CHAIR IVY  SPOHNHOLZ called the  House Special Committee  on Ways                                                             
and Means meeting  to order at 12:03 p.m.   Representatives Wool,                                                               
Josephson, Schrage,  Story, Eastman,  and Spohnholz  were present                                                               
at  the  call to  order.    Representative  Prax arrived  as  the                                                               
meeting was in  progress.  Also present  was Representative Ortiz                                                               
and Rasmussen.                                                                                                                  
                                                                                                                                
           HB 202-PERMANENT FUND DIVIDEND; ROYALTIES                                                                        
                                                                                                                                
12:03:50 PM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that the  first order of business would                                                               
be HOUSE BILL  NO. 202, "An Act relating to  the Alaska permanent                                                               
fund; relating to dividends for  state residents; relating to the                                                               
use  of certain  state  income; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
12:04:16 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLY MERRICK,  Alaska  State Legislature,  prime                                                               
sponsor,  introduced HB  202.   She read  the following  prepared                                                               
statement:                                                                                                                      
                                                                                                                                
     Since the decline  in oil prices caused  a huge revenue                                                                    
     shortfall in fiscal year 2015,  the state has struggled                                                                    
     to  pay the  permanent fund  dividend according  to the                                                                    
     43-year-old  statute.    After former  Governor  Walker                                                                    
     reduced  the   FY  17  PFD,   the  dividend   has  been                                                                    
     determined  by   available  funds  after   meeting  our                                                                    
     requirements to  fund services.  In  recognition of our                                                                    
     new fiscal  reality, the 2016  legislature restructured                                                                    
     out  budget around  a percent  of  market value  (POMV)                                                                    
     structure  that  meets our  constitutional  obligations                                                                    
     for services and serves as kind  of a spending cap.  We                                                                    
     must  reconsider  our  PFD   formula  within  the  POMV                                                                    
     framework,  and let's  recognize  when  we protect  the                                                                    
     POMV,  we  maintain  fiscal  stability  and  a  low-tax                                                                    
     environment for both families and businesses.                                                                              
                                                                                                                                
     When people think of the  PFD, they think of oil money,                                                                    
     and while that's the foundation  of the permanent fund,                                                                    
     the dividend that people receive  is no longer based on                                                                    
     resource   development,   but    instead   on   various                                                                    
     investments that  are managed  by the  Alaska Permanent                                                                    
     Fund Corporation.   HB 202  ties the  dividend directly                                                                    
     to resource  development in the state  by setting aside                                                                    
     a portion  of the royalties  received by the  state for                                                                    
     dividends.   Specifically, it sets aside  30 percent of                                                                    
     the  royalties   with  another   third  going   to  the                                                                    
     permanent   fund,   per   existing  statute   and   the                                                                    
     constitution, and  the remainder  going to  the General                                                                    
     Fund to pay for public services.                                                                                           
                                                                                                                                
     There's been  a growing  recognition over the  past few                                                                    
     years  that paying  a dividend  according  to the  1982                                                                    
     statute  is unsustainable  and would  require violating                                                                    
     the POMV spending cap.   HB 202 addresses both of these                                                                    
     problems   by  repealing   the   current  formula   and                                                                    
     replacing   it   with    one   that's   simpler,   more                                                                    
     sustainable, and  provides a stable  fiscal environment                                                                    
     for our state.                                                                                                             
                                                                                                                                
12:07:14 PM                                                                                                                   
                                                                                                                                
TALLY  TEAL, Staff,  Representative Kelly  Merrick, Alaska  State                                                               
Legislature, on behalf of  Representative Merrick, prime sponsor,                                                               
presented  a  sectional  analysis  of HB  202  [included  in  the                                                               
committee packet], which read [original punctuation provided]:                                                                  
                                                                                                                                
                                                                                                                                
     Section 1:  amends AS  37.13.140(a) to  remove language                                                                    
     relating to  the income  available for  distribution of                                                                    
     the permanent fund dividend.                                                                                               
                                                                                                                                
     Section 2:  amends AS  37.13.145(c) to  make conforming                                                                    
     changes due  to the repeal of  37.13.145(b) and updates                                                                    
     language to conform to the  decision in Wielechowski v.                                                                    
     State.                                                                                                                     
                                                                                                                                
     Section 3:  amends AS  37.13.145(d) to  make conforming                                                                    
     changes due  to the repeal of  37.13.145(b) and updates                                                                    
     language to conform to the  decision in Wielechowski v.                                                                    
     State.                                                                                                                     
                                                                                                                                
     Section  4:  amends  AS 37.13.145(e)  to  reaffirm  the                                                                    
     prohibition on overdrawing the  percent of market value                                                                    
     (POMV).  This  is  necessary  due   to  the  repeal  of                                                                    
     37.13.145(f).                                                                                                              
                                                                                                                                
     Section  5:  amends  43.23.025(a)  to  make  conforming                                                                    
     changes as a result of sections 1 and 7.                                                                                   
                                                                                                                                
     Section 6:  amends AS  43.23.028(a) to  make conforming                                                                    
     changes as a result of from section 1.                                                                                     
                                                                                                                                
     Section 7:  adds a  new subsection  to AS  43.23.045 to                                                                    
     designate 30% of all  mineral lease rentals, royalties,                                                                    
     royalty sale proceeds,  federal mineral revenue sharing                                                                    
     payments,  and bonuses  received  by  the state  during                                                                    
     that fiscal year for distribution of dividends.                                                                            
                                                                                                                                
     Section   8:    repeals   AS   37.13.145(b)    and   AS                                                                    
     37.13.145(f).                                                                                                              
                                                                                                                                
     Section 9: provides an effective date of July 1, 2021.                                                                     
                                                                                                                                
12:09:57 PM                                                                                                                   
                                                                                                                                
MS. TEAL  directed attention to  the HB 202 flow  chart [included                                                               
in the  committee packet], explaining  that the 30-35  percent of                                                               
all royalty  income going  into the  Alaska Permanent  Fund would                                                               
remain unchanged  by the  proposed legislation.   She  noted that                                                               
the remaining 60-65  percent currently goes to  the General Fund;                                                               
however, under HB  202, 30 percent would go to  dividends and the                                                               
remainder would be allocated to the General Fund.                                                                               
                                                                                                                                
12:11:00 PM                                                                                                                   
                                                                                                                                
MS. TEAL  turned attention to  the fiscal model  from Legislative                                                               
Finance  Division  (LFD)  [included  in  the  committee  packet],                                                               
highlighting that HB 202 would  not deplete reserves and that the                                                               
value of  the Alaska Permanent  Fund would  grow over time.   She                                                               
further  noted that  the  value of  the  Permanent Fund  Dividend                                                               
would  be  significantly  lower  than it  is  under  the  current                                                               
formula.   Finally, she indicated  that the  proposed legislation                                                               
would  result  in  a balanced  budget,  providing  a  reasonable,                                                               
sustainable, and stable solution to the fiscal crisis.                                                                          
                                                                                                                                
12:12:02 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN sought  to confirm that under  HB 202, the                                                               
PFD would no longer be tied to investment income.                                                                               
                                                                                                                                
REPRESENTATIVE MERRICK confirmed.                                                                                               
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  why  the money  going to  Alaskans                                                               
would be  called a dividend if  it had no relation  to investment                                                               
income.                                                                                                                         
                                                                                                                                
REPRESENTATIVE MERRICK  responded that the name  could be changed                                                               
if that  would be  more appealing.   Nonetheless,  Alaskans would                                                               
still be receiving their share of the oil money.                                                                                
                                                                                                                                
12:13:02 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SCHRAGE  said he  liked  the  idea of  tying  the                                                               
divided to  oil revenues; however,  he found it curious  that the                                                               
permanent fund, as well as a  portion of the oil royalties, would                                                               
go into the  General Fund.  He asked the  bill sponsor to comment                                                               
on the intent of that structure.                                                                                                
                                                                                                                                
REPRESENTATIVE MERRICK  explained that she had  considered paying                                                               
the dividend with the entirety  of the remaining 60-65 percent of                                                               
royalties that  currently goes to  the General Fund;  however, it                                                               
would  require an  overdraw of  the POMV.   She  stated that  her                                                               
intention was  to propose  a solution that  would not  require an                                                               
overdraw.  She reiterated that  under HB 202, the remaining 60-65                                                               
percent of  royalties would be  split 50/50 between  the dividend                                                               
and the General Fund.                                                                                                           
                                                                                                                                
REPRESENTATIVE SCHRAGE  asked whether  this proposal  would avoid                                                               
the necessity of broad-based new revenues.                                                                                      
                                                                                                                                
REPRESENTATIVE MERRICK  answered yes,  which was  one of  the key                                                               
elements  when  designing  this  plan.   She  conveyed  that  her                                                               
constituents opposed the implementation of a revenue tax.                                                                       
                                                                                                                                
REPRESENTATIVE SCHRAGE  said he appreciated the  rationale of the                                                               
structure;  however, he  expressed concern  that the  proposal is                                                               
regressive  and  would  affect  lower-income  families  that  are                                                               
already being impacted by the PFD reduction.                                                                                    
                                                                                                                                
12:15:19 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY applauded  the concept  of a  solution that                                                               
maintains the POMV  structure and balances the  budget.  However,                                                               
she asked  whether the bill  would preclude the  legislature from                                                               
appropriating  a  dividend from  the  permanent  fund instead  of                                                               
natural resource income.                                                                                                        
                                                                                                                                
MS. TEAL deferred to Legislative  Legal Services.  She shared her                                                               
understanding  that because  Section 1  of the  bill removes  the                                                               
current  statutory dividend  formula, the  legislature might  not                                                               
have the statutory authority to  pay a dividend directly from the                                                               
permanent fund.  Nonetheless, she  stated her belief that nothing                                                               
in   the  bill   would   preclude  the   legislature  from   over                                                               
appropriating  to  the  dividend  and  therefore  increasing  the                                                               
payout.                                                                                                                         
                                                                                                                                
12:17:08 PM                                                                                                                   
                                                                                                                                
PAULYN  SWANSON, Communications  Manager,  Alaska Permanent  Fund                                                               
Corporation  (APFC),  confirmed  that  the  proposed  legislation                                                               
would  delete   the  statutory  dividend  formula   as  currently                                                               
written.   She shared her  understanding that the bill  would not                                                               
preclude  an  additional  appropriation  from  the  POMV  to  the                                                               
General  Fund or  an ad  hoc draw  from Earnings  Reserve Account                                                               
(ERA) account.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  STORY asked  whether the  bill sponsor  conducted                                                               
any modeling  of the proposed  dividend calculation based  on the                                                               
past five years.                                                                                                                
                                                                                                                                
12:19:18 PM                                                                                                                   
                                                                                                                                
MS. TEAL offered to follow up with the requested information.                                                                   
                                                                                                                                
12:19:56 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WOOL said  he likes  the concept  of linking  the                                                               
dividend to  the performance  of oil, noting  that he  proposed a                                                               
similar bill  in recent years  that combined a percentage  of oil                                                               
with a percentage of the POMV.   He believed it would connect the                                                               
PFD  to oil,  as opposed  to the  stock market  performance.   He                                                               
asked  whether  the  proposed legislation  would  impact  federal                                                               
royalties, which are expected to grow.                                                                                          
                                                                                                                                
MS.  TEAL said  she's not  familiar with  the nuances  of mineral                                                               
resource  development.   She noted  that federal  mineral revenue                                                               
sharing payments are included the bill.                                                                                         
                                                                                                                                
REPRESENTATIVE  WOOL  asked Ms.  Nauman  whether  the bill  would                                                               
impact the structure of federal royalties.                                                                                      
                                                                                                                                
12:22:07 PM                                                                                                                   
                                                                                                                                
EMILY  NAUMAN,  Deputy   Director,  Legislative  Legal  Services,                                                               
Juneau,  Alaska,   replied  that   the  bill  would   not  change                                                               
underlying statutory  structure related  to allocation or  use of                                                               
federal  royalties.    She  added  that  the  amount  of  federal                                                               
royalties is  largely determined  in federal  law.   She recalled                                                               
that  the under  HB  202, the  money for  the  dividend would  be                                                               
pulled from the  General Fund; therefore, to the  extent that all                                                               
that money is  "mixing together," it's possible that  some of the                                                               
money from federal  royalties could be used for  the dividend due                                                               
to  its  inherent   fungible  nature.    However,   that  is  not                                                               
explicitly specified in the bill.                                                                                               
                                                                                                                                
12:23:10 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY  asked whether  the bill would  prohibit the                                                               
legislature  from offering  an individual  assistance payment  or                                                               
some other appropriation from the POMV.                                                                                         
                                                                                                                                
MS.  NAUMAN  said nothing  would  preclude  the legislature  from                                                               
providing a  supplemental dividend amount from  the General Fund,                                                               
which would include  money that had been deposited  into the fund                                                               
from the POMV draw.                                                                                                             
                                                                                                                                
12:24:11 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SCHRAGE  questioned  what  would  happen  to  the                                                               
dividend  if in  the future,  royalties started  to decline.   He                                                               
wondered  whether the  dividend  would decline  to  the point  of                                                               
nonexistence.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MERRICK  indicated  that the  dividend  would  be                                                               
nonexistent if there were no royalties.                                                                                         
                                                                                                                                
MS. TEAL  added that  LFD had  modeled a  projection into  FY 50,                                                               
which forecasted a "modest" dividend  coming from royalties under                                                               
HB 202.                                                                                                                         
                                                                                                                                
CHAIR SPOHNHOLZ  believed that the  likelihood of running  out of                                                               
oil in the next thirty years is low.                                                                                            
                                                                                                                                
12:25:30 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  sought   to  confirm   that  if   oil                                                               
production  were  to   scale  up  or  prices   were  to  increase                                                               
significantly,  that the  formula  in HB  202  would track  those                                                               
returns and grow the dividend accordingly.                                                                                      
                                                                                                                                
REPRESENTATIVE MERRICK answered yes.                                                                                            
                                                                                                                                
12:26:19 PM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ  expressed concern  that a  dividend of  $500, as                                                               
proposed in the  bill, is roughly half of  the historical average                                                               
without adjusting  for inflation.   Further, she  highlighted the                                                               
bill   language  "may   appropriate,"   as   opposed  to   "shall                                                               
appropriate,"  noting that  some  legislators  who feel  strongly                                                               
about the dividend may be concerned about that.                                                                                 
                                                                                                                                
REPRESENTATIVE  MERRICK recounted  that  the  permanent fund  was                                                               
originally created for  the purpose of paying  for state services                                                               
when oil production declined and  to make a nonrenewable resource                                                               
renewable.   She cited AS  43.23, indicating that the  purpose of                                                               
the PFD  was to distribute to  the people of Alaska  a portion of                                                               
the  state's  energy  wealth derived  from  the  development  and                                                               
production  of  the  natural  resources   belonging  to  them  as                                                               
Alaskans.   She  emphasized that  HB  202 would  satisfy that  by                                                               
tying the dividend to natural resource income.                                                                                  
                                                                                                                                
12:28:31 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how  much of  the  money from  the                                                               
permanent  fund would  go towards  state government  versus other                                                               
uses if the bill were to pass.                                                                                                  
                                                                                                                                
REPRESENTATIVE MERRICK  asked whether Representative  Eastman was                                                               
referring to the POMV draw.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN  remarked,  "any money  coming  from  the                                                               
permanent fund."                                                                                                                
                                                                                                                                
REPRESENTATIVE  MERRICK responded  that  the POMV  draw would  be                                                               
available   for  the   legislature   to   appropriate  at   their                                                               
discretion.                                                                                                                     
                                                                                                                                
CHAIR SPOHNHOLZ  pointed out that  the legislature has  the power                                                               
of appropriation,  as determined  by Wielechowski v.  Alaska, and                                                             
could therefore fund a larger PFD if desired.                                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  asked which sections of  the bill address                                                               
changing the statutory dividend formula.                                                                                        
                                                                                                                                
MS. TEAL  stated that  Section 1  removes the  statutory dividend                                                               
formula.                                                                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN asked how  this year's dividend would have                                                               
been impacted had the bill already been implemented.                                                                            
                                                                                                                                
REPRESENTATIVE MERRICK clarified that  the bill would take effect                                                               
in July 2021; therefore, it would not affect the 2021 dividend.                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN  asked how that amount  would have changed                                                               
under HB 202.                                                                                                                   
                                                                                                                                
REPRESENTATIVE MERRICK  said HB 202  would provide a  dividend of                                                               
$463.                                                                                                                           
                                                                                                                                
REPRESENTATIVE EASTMAN  asked Representative Merrick  to contrast                                                               
that the current statutory amount.                                                                                              
                                                                                                                                
REPRESENTATIVE MERRICK  shared her understanding  that currently,                                                               
the statutory dividend would be set at $3,400.                                                                                  
                                                                                                                                
12:30:59 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SCHRAGE  pointed out that the  legislature had not                                                               
paid out anything close to that in recent years.                                                                                
                                                                                                                                
REPRESENTATIVE  MERRICK  confirmed.     She  explained  that  the                                                               
dividend in  recent years had  been based on  ad hoc draw,  or in                                                               
other   words,  an   arbitrary  amount   as  determined   by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
CHAIR  SPOHNHOLZ noted  that the  dividend amount  has fluctuated                                                               
between $1,000 and $1,600 in recent years.                                                                                      
                                                                                                                                
REPRESENTATIVE   SCHRAGE   advocated  for   implementing   honest                                                               
expectations  in regard  to the  dividend amount,  as opposed  to                                                               
ignoring  the  statutory  calculation and  setting  an  arbitrary                                                               
amount during the budgeting process.                                                                                            
                                                                                                                                
REPRESENTATIVE MERRICK  noted that the  dividend in HB  202 would                                                               
be based on expected royalties.   She added that the amount would                                                               
correlate to  oil production.   She believed it would  provide an                                                               
incentive to develop state resources;  further, that the dividend                                                               
would  no longer  be competing  with state  services in  terms of                                                               
funding.  She emphasized that  the proposed legislation would pay                                                               
a  dividend first  and provide  a  solution for  those that  say,                                                               
"follow the law or change the law."                                                                                             
                                                                                                                                
CHAIR SPOHNHOLZ  appreciated the effort to  redefine the dividend                                                               
formula.  She believed that if  the state cannot afford to fund a                                                               
statutory dividend, the legislature should be honest about that.                                                                
                                                                                                                                
12:33:43 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY  noted that  the  dividend  would cease  to                                                               
exist if a statutory dividend were to be paid out continually.                                                                  
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 202 was held over.                                                                            
                                                                                                                                
        HB 37-INCOME TAX; PERMANENT FUND; EARNINGS RES.                                                                     
                                                                                                                                
12:34:18 PM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that the  final order of business would                                                               
be  HOUSE BILL  NO. 37,  "An Act  relating to  deposits into  the                                                               
dividend fund; relating to income  of and appropriations from the                                                               
earnings reserve account;  relating to the taxation  of income of                                                               
individuals,  partners, shareholders  in S  corporations, trusts,                                                               
and estates; relating to a  payment against the individual income                                                               
tax from the permanent fund  dividend disbursement; repealing tax                                                               
credits applied against  the tax on individuals  under the Alaska                                                               
Net Income Tax Act; and providing for an effective date."                                                                       
                                                                                                                                
12:34:58 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ADAM   WOOL,  Alaska  State   Legislature,  prime                                                               
sponsor, introduced HB 37.   He paraphrased the sponsor statement                                                               
[included in  the committee packet],  which read in  its entirety                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     House Bill  37 resolves Alaska's fiscal  challenges and                                                                    
     balances the budget.                                                                                                       
                                                                                                                                
     For six  years, facing severely declining  revenues and                                                                    
     massive budget shortfalls, Alaska  has managed to delay                                                                    
     a  permanent fiscal  solution through  budget cuts  and                                                                    
     drawing down  over $16 billion  in savings.  Now, these                                                                    
     savings  are  gone  and  there   is  limited  room  for                                                                    
     additional  major  cuts without  substantially  harming                                                                    
     core state functions.                                                                                                      
                                                                                                                                
     Alaska is the  only state without a  broad-based tax on                                                                    
     its  residents  and  Alaskans pay  the  lowest  overall                                                                    
     state  and local  taxes in  the U.S.  Forty-five states                                                                    
     have a state sales tax,  and forty-three have some form                                                                    
     of  an income  tax. Since  1980 we  have been  uniquely                                                                    
     fortunate,  with ample  oil and  gas  revenues able  to                                                                    
     fund  ongoing  government   operations,  endow  various                                                                    
     savings funds, and build the  Permanent Fund so that it                                                                    
     can  now  play  a   substantial  role  in  our  state's                                                                    
     revenue.                                                                                                                   
                                                                                                                                
     Since  its recent  peak in  2012, oil  revenue is  down                                                                    
     90%.  Even   with  major   new  projects   our  revenue                                                                    
     forecasts  are   not  encouraging.   Current  petroleum                                                                    
     revenue is  as low  as it has  been since  1978. Nobody                                                                    
     wants to  implement a tax  on Alaskans, but we  are out                                                                    
     of time and out of options.                                                                                                
                                                                                                                                
     As  we  take  this  step towards  new  revenue,  it  is                                                                    
     essential to  also resolve the  issue of  the dividend.                                                                    
     For the Alaskan  people to trust and accept  a new tax,                                                                    
     we  must ensure  that  any new  revenues  are used  for                                                                    
     essential services and are not  used to simply transfer                                                                    
     these  funds to  others  through  increased PFDs.  HB37                                                                    
     does both things.                                                                                                          
                                                                                                                                
     HB37 adds a flat rate  2.5% income tax based on federal                                                                    
     Adjusted Gross Income. There  is a "standard deduction"                                                                    
     of non-taxable  income, of $10,000 for  individuals and                                                                    
     $20,000 for  joint filers, which reduces  the burden on                                                                    
     the lowest  income Alaskans. The  tax will  raise about                                                                    
     $600 million per year,  with nonresident workers paying                                                                    
     about 10%  of the total.  The bill also  establishes an                                                                    
     80/20  split of  the annual  "Percent of  Market Value"                                                                    
     draw from the  Permanent Fund, with 20%  of each year's                                                                    
     funding  designated for  the PFD.  That would  provide,                                                                    
     initially,  a  dividend  of  about  $1,000  that  would                                                                    
     steadily grow  in years to  come. Alaskans, as  part of                                                                    
     the PFD  application process, would  be able  to assign                                                                    
     some or all of their dividend towards the tax.                                                                             
                                                                                                                                
     This would mean, in practice,  that most Alaskans would                                                                    
     not pay  any tax out  of pocket. For example,  a family                                                                    
     of 4  making $100,000/  year would retain  about $2,000                                                                    
     in PFDs after  paying the tax. If the  same family made                                                                    
     $200,000  their tax  and dividends  would balance  each                                                                    
     other and they would pay nothing.                                                                                          
                                                                                                                                
     It is  time to  have an  honest conversation  about how                                                                    
     Alaska will  fund its operations into  the future. HB37                                                                    
     can be  the key  component to get  us there.  Thank you                                                                    
     for your consideration.                                                                                                    
                                                                                                                                
12:38:11 PM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
12:38:51 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WOOL  resumed  his introductory  statement.    He                                                               
reiterated that the  dividend was created to share  the wealth of                                                               
the oil  economy; however,  he believed  its purpose  has morphed                                                               
into  fulfilling "other  functions,"  such as  providing cash  to                                                               
individuals  in  cash-strapped economies.    He  stated that  the                                                               
proposed  legislation  would  establish  a dividend  that  is  20                                                               
percent of  the POMV draw,  equating to approximately  $1,000 per                                                               
person.  He explained that the  bill would institute a small flat                                                               
income  tax  of  2.5  percent;  further, it  would  allow  for  a                                                               
standard   deduction  of   non-taxable  income   -  $10,000   for                                                               
individuals and $20,000 for joint  filers, which would reduce the                                                               
burden on  the lowest-income Alaskans.   He shared,  for example,                                                               
that if  someone only  incurred $10,000,  he/she would  be exempt                                                               
and  entitled to  a full  PFD.   He  noted that  as income  level                                                               
increases, more is  taken out of the PFD, and  the higher earners                                                               
would have to pay to the State  of Alaska.  He referenced a chart                                                               
in the presentation  (slide 24), indicating that  a single person                                                               
making $50,000  would receive a  $960 dividend  and owe a  tax of                                                               
$975,  thus owing  a total  of $15  [he/she would  not receive  a                                                               
dividend, as it would go towards  the tax owed].  He continued to                                                               
explain that  a married  couple making  $100,000 would  receive a                                                               
dividend of  $1,920 and pay 1,950  in tax, thus owing  $30 to the                                                               
state.   A  married  couple  with two  children  would receive  a                                                               
dividend of $3,840 and pay  $1,900 in tax, thus retaining $1,940,                                                               
which essentially equates to two PFD checks.                                                                                    
                                                                                                                                
12:42:56 PM                                                                                                                   
                                                                                                                                
KEN  ALPER,   Staff,  Representative  Adam  Wool,   Alaska  State                                                               
Legislature, introduced a  PowerPoint presentation, titled "House                                                               
Bill 37" [hard copy included  in the committee packet], on behalf                                                               
of  Representative Wool,  prime sponsor.   He  began on  slide 2,                                                               
explaining  that HB  37 consists  of two  core components,  which                                                               
together, would  balance the budget  for the  foreseeable future.                                                               
The  first key  component  is  an individual  income  tax of  2.5                                                               
percent  of  federal Adjusted  Gross  Income  (AGI).   The  first                                                               
$10,000 of  income ($20,000  for joint  filer) would  be exempted                                                               
from the  tax.   The PFD income  would also be  tax exempt.   The                                                               
second component is a restructuring  of the annual POMV draw from                                                               
the  permanent fund,  so that  20 percent  of the  draw would  be                                                               
designated to pay PFDs.  He  continued to slide 3, which recapped                                                               
process of events that lead up  to the present scenario.  Slide 3                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
        • Revenue declines, beginning in 2014                                                                                   
        • Budget cuts                                                                                                           
     • Introduction of POMV as a central revenue feature                                                                        
        • Ongoing structural deficits                                                                                           
        • Lack of resolution of the Dividend question                                                                           
        • Alaskans pay the lowest state and local taxes                                                                         
          among the 50 states                                                                                                   
                                                                                                                                
      Once a consensus is reached that we need additional                                                                       
     revenue, new questions emerge:                                                                                             
        • Pros and Cons of Income Tax vs. Sales Tax vs.                                                                         
          Other                                                                                                                 
        • How much revenue to raise / how large should the                                                                      
          dividend be?                                                                                                          
        • Structural technical details of the bill                                                                              
                                                                                                                                
12:45:40 PM                                                                                                                   
                                                                                                                                
MR.  ALPER turned  to  slide 4,  which featured  a  model of  UGF                                                               
spending and revenue  since statehood in nominal  dollars.  Slide                                                               
5  displayed  the   same  model  per  capita   and  adjusted  for                                                               
inflation.   The  graph  indicated that  the  current budget  has                                                               
decreased to  approximately 1970's  levels, which was  before the                                                               
oil boom.  Slide 5 provided a  focused look at the last 10 years,                                                               
showing  the dramatic  drop in  revenue that  coincided with  the                                                               
crash  in oil  prices, which  was partially  compensated by  POMV                                                               
draws.  He  noted that agency spending has  maintained flat while                                                               
statewide  spending is  down dramatically  with the  reduction in                                                               
payments to the  pension system.  The capital  budget has dropped                                                               
by over 90 percent and the dividend has fluctuated.                                                                             
                                                                                                                                
12:48:41 PM                                                                                                                   
                                                                                                                                
MR. ALPER  advanced to slide  7, emphasizing that  permanent fund                                                               
earnings  would make  up to  roughly  two-thirds of  Unrestricted                                                               
General Fund  (UGF) revenue in  the foreseeable future.   Slide 8                                                               
indicated  that  even  with  higher oil  revenue  in  the  spring                                                               
forecast,  the  governor's  10-year   plan  shows  large  ongoing                                                               
shortfalls   of  approximately   $300-400  million.     Slide   9                                                               
highlighted the three main assumptions  in the 10-year plan that,                                                               
if  not  met,  would  impact these  future-year  shortfalls:  oil                                                               
prices steadily  increasing towards  $71/bbl in 2030;  three more                                                               
years of  likely unobtainable operating  budget cuts  and ongoing                                                               
minimal  capital budgets;  the  governor's proposed  change to  a                                                               
50/50  POMV  split beginning  in  FY  23, yielding  dividends  of                                                               
around $2,400.                                                                                                                  
                                                                                                                                
12:50:57 PM                                                                                                                   
                                                                                                                                
MR. ALPER continued to slide  10, which illustrated that Alaska's                                                               
current  revenue structure  hasn't  kept pace  with its  changing                                                               
economy.   He opined that some  form of broad-based tax  would be                                                               
the most  efficient way to  fund the  state based on  its growing                                                               
economy.  Slide  11 provided a model from LFD  that showed a lack                                                               
of new revenue depleting the ERA by  FY 29.  Slide 12 weighed the                                                               
pros and  cons of a  sales tax  versus an income  tax, indicating                                                               
that a sales tax tends  to disproportionately impact lower income                                                               
households, while the effective tax  rates are much higher at the                                                               
top  20 percent  of income  rates for  an income  tax.   Slide 13                                                               
relayed that the  great majority (81.5 percent) pay  less with an                                                               
income tax versus  a sales tax.  He noted  that only those making                                                               
more than  $100,000 would pay more  under an income tax  versus a                                                               
sales tax.                                                                                                                      
                                                                                                                                
12:57:04 PM                                                                                                                   
                                                                                                                                
MR. ALPER  turned to  slide 14, which  listed several  reasons an                                                               
income  tax might  be preferable  in Alaska.   Slide  14 read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
        • A sales tax tends to be regressive; as incomes                                                                        
          increase people use more of their earnings for                                                                        
          savings,  investment  and out-of-state  travel.  A                                                                    
          flat  rate  tax  on  income   might  be  a  better                                                                    
          counterbalance  to  dividend  cuts which  has  the                                                                    
          most impact on low-income Alaskans and children.                                                                      
        • Sales taxes are relied on by ~105 municipalities                                                                      
          each  with different  rules.  Adding  a state  tax                                                                    
          introduces  a lot  of  questions:  Does the  state                                                                    
          take over  statewide collection? Do we  force caps                                                                    
          on   local   rates,  unified,   exemption   rules,                                                                    
          transaction caps, etc.                                                                                                
        • Regional price   disparities,    which   are   a                                                                      
          relatively   unique   Alaska   phenomenon,   would                                                                    
          disproportionately hurt rural residents.                                                                              
        • Our history with sales tax legislation included                                                                       
          aggressive exemption  seeking by  various interest                                                                    
          groups.                                                                                                               
                                                                                                                                
12:57:38 PM                                                                                                                   
                                                                                                                                
CHAIR SPOHNHOLZ announced that HB 37 was held over.                                                                             
                                                                                                                                
12:58:28 PM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Ways and Means meeting was adjourned at                                                                    
12:58 p.m.                                                                                                                      

Document Name Date/Time Subjects
HB 202 Sponsor Statement 5.5.2021.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 202 Sectional Analysis 5.5.2021.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 202 Flowchart.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 202 Fiscal Note OMB-PFD 5.9.21.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 202 Fiscal Model Output REVISED.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 202 Testimony - Opposition as of 5.11.21.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HB 202
HB 37 Sponsor Statement.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 Sectional Analysis.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 Fiscal Note DOR-TAX - Updated 5.11.21.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 Fiscal Note DOA-OAH 5.7.21.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 ITEP Flat Tax Report 12.2020.pdf HW&M 5/11/2021 11:30:00 AM
HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 Presentation 5.13.21.pdf HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37
HB 37 Fiscal Model.pdf HW&M 5/13/2021 11:30:00 AM
HW&M 5/15/2021 11:30:00 AM
HW&M 5/18/2021 11:30:00 AM
HB 37